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COPFS

Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010

Freedom of Information: Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010

Thank you for your e-mail of 11 March 2014 in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA) in relation to Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 charges reported to COPFS:

Exactly which criteria is applied to a case in the decision making process that will determine whether a case will proceed to court and trial.

How many charges contrary the above mentioned act, section and subsection have been dealt with by alternate means to court and trial.

We have now completed our search for the information you request, and can report as follows:

The criteria applied to a case during the decision making process is outlined in the COPFS Prosecution Code. I attach a link to the document which is accessible on the COPFS website.

During financial year 2012 to 2013, a very large number of charges involving Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 were reported to COPFS. We took the decision to prosecute the majority of these charges in court but in approximately 8,000 charges we took other prosecutorial action such as warning letters and conditional offers of fiscal fine. The Prosecution Code referred to above contains information on the types of other action open to COPFS.